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Kelowna ICBC Head Injuries Lawyers

Kelowna ICBC Head Injuries Lawyer

Kelowna ICBC head Injuries Lawyers – Tel 778 754 1542

Kelowna ICBC head Injuries Lawyers understand head injuries occur frequently in Kelowna ICBC car accidents. In a Kelowna ICBC car crash it is very common for a victim’s face to hit a dashboard, steering wheel, or a popping airbag. This direct impact to the head results in serious eye injuries, skull fractures, or orbital fractures. Fractured facial bones take a long time to heal and sometimes surgery is needed to repair the area. A Kelowna ICBC head injury can be life threatening. For some victims fortunate enough to recover from a serious Kelowna ICBC head injury some are left with permanent scars or changes in appearance from the accident. The change in appearance that often happens with a Kelowna ICBC head injury can affect a person’s emotional and psychological well-being, causing anxiety and depression.

Our skilled and senior Kelowna ICBC Head Injuries Lawyers handle your ICBC claim personally from start to finish and we do not use a case manager system which we feel detracts from a focused approach to settling and winning your case. We have 5 offices across BC and bring the skill of a downtown Vancouver firm to our Kelowna ICBC Head Injuries Lawyers clients in Kelowna, Surrey, Vancouver, Richmond and Fort St John, BC.

Kelowna ICBC Head Injuries Lawyers

Spencer MacLean Kelowna ICBC Head Injuries Lawyers

Kelowna ICBC head Injuries Lawyers

Hiring an experienced no nonsense team of Kelowna ICBC head Injuries Lawyers will ensure the best possible medical and settlement outcome for you.

Kelowna ICBC head injuries lawyers reviewed the damage award and reasons in the recent  case  of (Bunnah (Guardian ad litem of) v. Bunnah), where the plaintiff, a child at the age of 5 at the time, suffered a displaced fracture of the orbital floor on the right side of his face from a 2012 car accident.

 

Madam Justice Watchuk awarded non-pecuniary damages at $31,000 and stated the following:

[13]         The most serious injury sustained in the accident was a displaced fracture of the orbital floor on the right side of his face.  It also healed.  The orbital floor is adjacent to the maxillary sinus and it is not known if there was also a fracture of the maxillary sinus.  As surgery was not required, there was no further investigation of the fracture and possible fracture which would be adjacent to each other in this young boy’s facial area.

[14]         The extensive swelling was described by a doctor on February 20, 2012 to be “severe swelling in the right facial region with severe bruising, almost unable to open his right eye”.  The bruising lasted a maximum of six months.  There has been no scarring.

[15]         In summary, during the night in the hospital in Mackenzie, Julien had pain and cried quite a bit as he did on the way home to Quesnel.  He had some pain for a few weeks, and for few months he had occasional pain if his face was touched.  He had some anxiety for about six months following the accident.  The long-term effect has been upset and stress and crying from the worry when his mother is late.  He worries that she has been in a car accident if she is late.  This has occurred ongoingly, and a couple of times in 2015, most recently in November 2015.

Non pecuniary damages 

[16]         It is the submission of the plaintiff that an award of between $35,000 and $40,000 is appropriate.  The defendant submits that an award of $20,000 for non-pecuniary damages is the appropriate amount.

[17]         The factors to be considered in assessing non pecuniary damages are set out by the Court of Appeal in an inexhaustive list in the case of Stapley v. Hejslet, 2006 BCCA 34 at para. 46:

[46]      The inexhaustive list of common factors cited in Boyd that influence an award of non-pecuniary damages includes:

(a)        age of the plaintiff;

(b)        nature of the injury;

(c)        severity and duration of pain;

(d)        disability;

(e)        emotional suffering; and

(f)         loss or impairment of life;

I would add the following factors, although they may arguably be subsumed in the above list:

(g)        impairment of family, marital and social relationships;

(h)        impairment of physical and mental abilities;

(i)         loss of lifestyle; and

(j)         the plaintiff’s stoicism (as a factor that should not, generally speaking, penalize the plaintiff:  [citations omitted].

[18]         With regard to the nature of the injury, the most serious is the fracture of the orbital floor on the right side of the face.  It was accompanied by extensive bruising and swelling.  It resolved without surgery within six months.

[19]         With regard to loss or impairment of life, emotional suffering and severity of duration of pain, due to Julien’s young age at the time, just turned five years old, the evidence is obtained primarily from his aunt’s observations in her frequent visits with him.  From the descriptions, Julien is a stoic and resilient child and recovered quickly, also within six months.  The only lingering effect is that he becomes fearful and upset when his mother is late in arriving to pick him up because he is worried that there has been another accident.  This fear has occurred repeatedly.  In 2015 it happened twice when his mother was late, most recently in November 2015.

[22]         I have considered the case law, which provides a guideline, and the evidence.  The most important consideration is the impact of the injuries on the individual plaintiff.  Julien, then five years old, sustained a blow to his head in a motor vehicle accident on February 18, 2012.  Of his injuries, the most serious was a facial fracture.  The sole ongoing symptom is fear when his mother is late picking him up.

[23]         In this case particular weight is given to the plaintiff’s age, his stoicism in the circumstances of the accident, and the emotional suffering of such a young plaintiff.  Non-pecuniary damages are assessed at $31,000.

When you are injured in an accident we don’t want you to follow this up with a mistake. Call our Kelowna ICBC head Injuries Lawyers the minute it is safe to do so and we recommend doing it the day of the accident AND before you talk to ICBC. They are skilled at their job but most injured victims mistakenly think ICBC acts for them when that is often not the case. Kelowna ICBC head Injuries Lawyers will help you obtain justice and the highest fair settlewment for you Kelowna personal injury. Call us toll free across BC at 1-877-602-9900.



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